25/08/2021 – Current Awareness

A constructive dismissal is, in principle, capable of constituting an act of harassment, within the meaning of section 26 of the Equality Act 2010 – 3PB

Posted August 25th, 2021 in appeals, chambers articles, constructive dismissal, disability discrimination, employment, employment tribunals, equality, harassment, news, race discrimination, sex discrimination by sally

‘The EAT’s earlier decision in Timothy James Consulting Ltd v Wilton [2015] IRLR 368 had been decided per incuriam European Directives and domestic case law, in the light of which it was “manifestly wrong”. In so far as Wilton had decided that a constructive dismissal could not itself amount to an act of unlawful harassment within the meaning of section 26 of the Equality Act 2010 (“EqA”), it would not be followed.’

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3PB, August 2021

Source: www.3pb.co.uk

E v L [2021] EWFC 60 (Fam) – Short, childless marriages, the sharing principle and absence of white leopards – Becket Chambers

Posted August 25th, 2021 in chambers articles, children, cohabitation, divorce, families, financial dispute resolution, financial provision, marriage, news by sally

‘The parties became engaged in 2016 married in 2017 and separated in 2019. The parties disagreed over the date of cohabitation, the wife saying 2016 and the husband denying there was any cohabitation before marriage.’

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Becket Chambers, 13th August 2021

Source: becket-chambers.co.uk

The Factors and Guidance to make an application for Discharge of a Care Order pursuant to s. 39 of the Children Act 1989 – Becket Chambers

Posted August 25th, 2021 in appeals, care orders, chambers articles, child abuse, children, families, local government, news, sexual offences by sally

‘The combined effect of sections 1 and 39 of the Act is that on application of an entitled applicant the court may discharge a care order or replace it with a supervision order, in which case there is no requirement for the s 31(2) threshold to be crossed (the threshold for making a care or supervision order – significant harm). As the decision concerns a question of upbringing, the child’s welfare is the court’s paramount consideration, and particular regard is to be given to the factors in the welfare checklist in s1(3). The court shall not make the order unless to do so would be better for the child than making no order. Provisions of the Act must, so far as is possible to do so, be read and given effect in a way which is compatible with rights protected by Arts 3 and 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950.’

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Becket Chambers, 20th August 2021

Source: becket-chambers.co.uk

The ‘shifting’ burden and the drawing of adverse inferences – 3PB

Posted August 25th, 2021 in appeals, burden of proof, chambers articles, employment, employment tribunals, equality, news, race discrimination, Supreme Court, witnesses by sally

‘The Supreme Court has unanimously dismissed this appeal concerning two questions of law:
(i) whether a change in the wording of equality legislation has altered the burden of proof in employment discrimination cases, and
(ii) when a tribunal may draw adverse inferences from the absence of a potential witness.’

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3PB, 9th August 2021

Source: www.3pb.co.uk

The Language of Cyber Law. Cyber law: language matters – The 36 Group

Posted August 25th, 2021 in chambers articles, computer crime, computer programs, news by sally

‘With technology advancing every day, Ceri Davis of 36 Commercial explores the importance of mastering the language of cyber law.’

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The 36 Group, 3rd August 2021

Source: 36group.co.uk

Private Prosecution Stayed as an Abuse of Process: Costs Recovered – 25 Bedford Row

Posted August 25th, 2021 in abuse of process, appeals, chambers articles, costs, fraud, news, private prosecutions, stay of proceedings, theft by sally

‘The issue of recovering legal costs for a defendant who successfully applied to stay a private prosecution, on grounds of abuse of process, was considered and decided upon by the Court of Appeal (Criminal Division) in Muhammed Asif v Adil Iqbal Ditta and Noreen Riaz [2021] EWCA Crim 1091 (judgment 15th July 2021).’

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25 Bedford Row, 9th August 2021

Source: www.25bedfordrow.com

Ransomware attacks: a practical guide to survival – 3PB

Posted August 25th, 2021 in chambers articles, computer crime, computer programs, news by sally

‘In response to the growing number of instructions regarding cyber incidents, this series of articles aims to address and provide practical advice on dealing with, common scenarios faced by businesses. This first article addresses the risk of a ransomware attack and considers the practical steps that an organisation needs to take to survive such an event.’

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3PB, 19th August 2021

Source: www.3pb.co.uk

The removal of homeless migrants: a legal challenge waiting to happen? – 5SAH

Posted August 25th, 2021 in chambers articles, deportation, government departments, homelessness, housing, immigration, news by sally

‘On 22 October 2020, the Home Office published a Statement of Changes to update the UK’s Immigration Rules (the rules), as part of the post-Brexit immigration changes. The reforms included a new discretionary ground for refusal or cancellation of permission to stay for those individuals in the UK on a temporary basis, found sleeping rough.’

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5SAH, 10th August 2021

Source: www.5sah.co.uk

Determining the question of motivation in whistleblowing claims is not always as complicated as it seems – 3PB

Posted August 25th, 2021 in appeals, chambers articles, disciplinary procedures, disclosure, employment, employment tribunals, hospitals, news, unfair dismissal, whistleblowers by sally

‘Prior to her dismissal, the claimant was a senior employee with a continuous unblemished service record of 38 years.’

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3PB, 9th August 2021

Source: www.3pb.co.uk

Division of assets in a short childless marriage (E v L) – 1 GC: Family Law

Posted August 25th, 2021 in chambers articles, children, divorce, families, financial dispute resolution, financial provision, marriage, news by sally

‘In E v L, Mr Justice Mostyn considered an application for financial remedies following a short marriage. He concluded the fact that the marriage was childless was irrelevant to whether there should be a departure from the application of the equal sharing principle. Moreover, there was no reason to distinguish between an accrual (of assets) over a short marriage and an accrual over a longer marriage. The statutory factor of the duration of marriage was likely to be reflected in any event in that an acquest over a shorter period was likely to be less. Mostyn J also considered the approach to valuing businesses in this case where three accountants gave “hot-tub” evidence as to the value of one of the husband’s companies.’

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1 GC: Family Law, 10th August 2021

Source: 1gc.com

Thirty years of the Dangerous Dogs Act: time for change – 1 MCB Chambers

Posted August 25th, 2021 in animals, chambers articles, dogs, legal history, news by sally

‘On the 30th anniversary of the enactment of the Dangerous Dogs Act 1991, dangerous dogs and animal welfare expert Pamela Rose reflects on whether the statute is fit for purpose.’

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1 MCB Chambers, August 2021

Source: 1mcb.com